Joymalya Bagchi, J. - (1.) Perused the report wherefrom it appears that except the appellants no other convicts preferred any appeal against the impugned judgement and order of conviction and sentence. It appears that the appellants who were sentenced to a term imprisonment are about to complete their sentences. Hence, though paper books have not been prepared till date, we take up the appeal for hearing dispensing with preparation of paper books.
(2.) The appeal is directed against judgement and order dated 11.12.2008 passed by the learned Sessions Judge, Cooch Behar in Sessions Case No.369 of 2007 arising out of Sessions Trial No. 1(6)08 convicting the appellants and one Latif Mia, Abdul Haque and Ajij Mia for commission of offence punishable under Sections 149/304 Part II of the Indian Penal Code and sentencing them to suffer rigorous imprisonment for eight years each and to pay a fine of Rs.2,000/- each, in default to suffer imprisonment for six months more.
(3.) The prosecution case, as alleged against the appellants and other accused persons, is to the effect that on 29.9.2006 i.e. 12th Aswin, 1413 B.S. about 10.30/11.00 A.M. one Munni Khatoon, aged about five years, went to attend nature's call on the pathway used by the appellants and other accused persons. Over such issue, the appellants and other accused persons being armed with lathis and iron rods trespassed into the land of his brother Ajimuddin and abused him in filthy language. When Ajimuddin raised protest, they cut his banana plants and also assaulted him. Alauddin and Ajij assaulted Ajimuddin with a dragger on his head and as a result he sustained grievous bleeding injuries. Other accused persons also assaulted him and as a result of such assault, Ajimuddin suffered bleeding injuries on various parts of his body. Relations and neighbours intervened whereupon the accused persons ran away. Brother of the victim, Omar Ali took him to Bhanukumari and thereafter to Toofangang and lastly to Cooch Behar for medical treatment. On the written complaint of Keta Seikh, another brother of the victim, Baxirhat P.S. Case No. 65 of 2006 dated 30.9.2006 under Sections 452/325/326/34 of the Indian Penal Code was registered against the accused persons. Upon the death of the victim, Section 304 of the Indian Penal Code was added.;